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Posted to legal-discuss@apache.org by "Tianqi Chen (Jira)" <ji...@apache.org> on 2019/10/24 04:14:00 UTC

[jira] [Created] (LEGAL-485) Scope of Grant of Patent License in Apache2 License

Tianqi Chen created LEGAL-485:
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             Summary: Scope of Grant of Patent License in Apache2 License
                 Key: LEGAL-485
                 URL: https://issues.apache.org/jira/browse/LEGAL-485
             Project: Legal Discuss
          Issue Type: Question
            Reporter: Tianqi Chen


I am writing to followup about the licensing situation in Apache TVM(incubating) community. There was an original discussion in https://issues.apache.org/jira/browse/LEGAL-466 and this is a follow up thread.

Background, Qualcomm wants to contribute to the TVM repo. However, because TVM repo's subfolder vta contains software declarations about open source accelerator design, this could leads to their worry about possible hardware IP patent leak, and would like to have some clarifications about the scope of the patent grant.

Specifically, Apache license defines the scope to be the combination of "the work"(which includes vta) and the user's contribution. They worry that whether the patent grant was too broad that would leak hardware patent that was not part of their contribution.

According to the patent scope FAQ, I have clarified to them that if the combination of the code they contribute to the repo, combined with the VTA folder contains a HW patent A, then in the most careful view, they will be granting the HW patents.

However, They afraid that that the "Grant of Patent" would be too broad to even leak through patents that was not part of their contribution.

In particular, they would like to clarify "whether they will leak HW patent that does not read on the combination of their contribution and the work (this case include VTA)".





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